People Ex Rel. Schwab v. . Grant
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made November 10, 1890, which affirmed an order of Special Term denying an application for a mandamus, as set forth in the opinion. The answer of the mayor does not deny any of the allegations of the petition as to the application, the tender of a proper bond and the good character of the petitioner. Therefore, no issue was raised on these points. (People ex rel.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the first judicial department, made November 10, 1890, which affirmed an order of Special Term denying an application for a mandamus, as set forth in the opinion. The answer of the mayor does not deny any of the allegations of the petition as to the application, the tender of a proper bond and the good character of the petitioner. Therefore, no issue was raised on these points. (People ex rel. McGuire, 29 N. Y. S. R. 674; People ex rel. v. Paton, 20 Abb. [N. C.] 195.) The mayor’s conclusion thatSchwab was guilty of a misdemeanor…
1Opinion of the Court
Bugee, Ch. J.
This appeal is brought by the relator, to procure a reversal of an order o'f the General Term affirming an order of the Special Term, which refused to grant an alternative mandamus against the mayor, requiring him to approve the relator’s bond and issue to the relator a license as auctioneer in the city of Mew York, or show cause to the contrary. Mo question is made, but that the bond offered by the relator was sufficient in form and substance to comply with the requirements of the law; but it is claimed that the mayor, in the exercise of his discretion, had the right to refuse…
2Cited by88 opinions
- Van DeVegt v. Board of County CommissionersSupreme Court of Colorado · 1936
- Great Northern Utilities Co. v. Public Service CommissionMontana Supreme Court · 1930
- State v. GordonSupreme Court of Connecticut · 1956
- People Ex Rel. Doyle v. . AtwellNew York Court of Appeals · 1921
- Biddles, Inc. v. EnrightNew York Court of Appeals · 1925
83 more not listed; retrieve them via the Exa API.